9 Special Areas

9.1 - Loitering
9.2 - Identification
9.3 - Public Assemblies
9.4 - Trespass
9.5 - Obstruction
9.6 - Offensive Conduct

Increasingly, there are specific NSW and federal laws relating to conduct in special areas, such as the Opera House and iconic locations on the Sydney foreshore. The offences and police powers generally mirror those discussed elsewhere, although their application is uneven. The "grab-bag" nature of the laws reflects the reactive context in which many of them were introduced - in particular, concerns around security for the Sydney Olympics (resulting in powers given to the Sydney Harbour Foreshore Authority) and the "No War"1 protest on the Sydney Opera House.

To make this chapter easier to understand, the key geographical or descriptive element of the laws is highlighted in bold below. Also, you should note:

The authority of the Sydney Harbour Foreshore Authority extends to The Rocks, Darling Harbour, Pyrmont/Ultimo, the White Bay Power Station, the Rozelle railway yards, Ballast Point and the Australian Technology Park in Redfern. The Authority also manages the Circular Quay promenades, the Conservatorium of Music, King Street Wharf promenade and the Luna Park reserve (see map at Appendix B). However, some powers only apply to public areas within these precincts. These areas are described in this Chapter as the Sydney Harbour foreshore.
The Royal Botanical Gardens and Domain, and the Centennial Park and Moore Park areas in Sydney are covered by regulations which establish Trusts to administer the lands.2 Sometimes different laws apply to these areas within the same Regulation.3
Sydney Olympic Park is administered by a corporation, the Sydney Olympic Park Authority, which oversees Telstra Stadium, Sydney Superdome, the Sydney Showground, the Millennium Parklands (including Bicentennial Park ), other parks and facilities and the Sydney Olympic Park Development Area.4
The Sydney Harbour Federation Trust administers a number of old defence sites and other special Commonwealth lands, which are gradually being returned to the public. These are North Head Artillery School, Middle Head - Georges Heights, Woolwich Dock & Parklands, Cockatoo Island, Snapper Island, Macquarie Lightstation and the former Marine Biological Station (at the southern end of Camp Cove). These sites are described in this Chapter as the Sydney Harbour Federation sites.
You should also note that police may have additional powers in respect of people attending particular events. The Major Events Act 2009 (NSW) allows for certain events to be declared 'major events' and deals with such m atters as crowd management and personal conduct at such events. Similarly, the Motor Sports (World Rally Championship) Act 2009 (NSW) applies to declared rally events and deals w ith such matters as directions by police officers at those events.5

9.1 Loitering or “Moving People On”

Under laws introduced prior to the Olympics, authorised officers6 may direct you to leave certain public areas on the Sydney Harbour foreshore if you:

are causing annoyance or inconvenience to others, or
are trespassing in closed areas, or
have committed an offence under the Regulation.7

It is an offence not to comply with such a direction, provided you have been warned that failure to comply constitutes an offence.8 The maximum penalty is a fine of up to $2200.9 The police or a ranger may use reasonable force to physically remove you from the area if you fail to comply.10

Authorised officers also have "move on" powers in relation to the following parks in Sydney :

the Royal Botanical Gardens and Domain
Centennial Park and Moore Park
Sydney Olympic Park

If directed,11 you are obliged to leave if you have entered the area unlawfully or are causing annoyance or inconvenience to others.12 If you refuse to leave, you may be removed13 and liable to substantial penalties.14

Authorised officers15 on Sydney Harbour Federation sites have similar powers to direct you to leave the land immediately, and to use reasonable force if you refuse, if they hold a reasonable belief you have committed, or are committing, an offence under the Regulations.16 Officers must identify themselves and give a warning.17 The maximum penalty for non-compliance is $550.18

9.2 Identification

When requested, you must identify yourself in the following areas:

the Sydney Harbour foreshore,
the Royal Botanical Gardens and Domain,
Centennial Park and Moore Park
Sydney Olympic Park

if an authorised officer reasonably suspects that you have committed an offence.19 Provided that you have been warned, it is an offence, punishable by a fine of up to $2200, to fail to comply with a request that you identify yourself.20

Authorised officers on Sydney Harbour Federation sites again have similar powers, providing they hold a reasonable belief that you have committed, or are committing, an offence under the Regulations.21 It is an offence to fail to comply with a request for identification, provided the officer identifies him/herself and warns you.22 The maximum penalty is $550.23

9.3 Public Assemblies

Permits are required for public assemblies in the following places:

public areas within the Sydney Harbour foreshore,24
on Sydney Harbour Federation sites 25
Centennial Park and Moore Park 26
on the Sydney Harbour Bridge and ANZAC Bridge.27

The governing bodies for Centennial Park and Moore Park, the Royal Botanical Gardens and Domain, and Sydney Olympic Park also have the power to reserve parts of the land for organised activities and limit the number of people who may enter any part of the lands.28

You may address public assemblies in the Domain during the day without consent but consent is needed to do so at night.29 Consent is also required to address public assemblies in the Royal Botanical Gardens.30

Consent is also often required to use loudspeakers and public address systems in special areas.31

9.4 Trespass

It is a summary offence punishable by $22,000 or 2 years gaol, or both, to enter or remain at the Sydney Opera House as a trespasser.32 If such trespass is with intent (including attempts) to cause damage, seriously disrupt the operations of the Opera House, or commit any offence punishable by imprisonment or arising under the (NSW) Summary Offences Act 1988, the penalty may be 7 years gaol.33 This substantially increases the penalties for numerous summary offences such as offensive language, so long as they are committed on the grounds of the Opera House as a trespass.34

It is an offence to enter or remain in the Royal Botanical Gardens, Centennial Park, Moore Park and Sydney Olympic Park when they are closed. These offences are punishable by substantial fines.35

On Sydney Harbour Federation sites, you must not enter closed places, or swim or take vessels into the water around the sites without consent.36

Intentionally or recklessly damaging the Sydney Opera House (or attempting to do so) carries a maximum penalty of 5 years gaol.37

The uses of the Royal Botanical Gardens and Domain, as well as Centennial Park and Moore Park are regulated by various provisions prohibiting damage, destruction or interference with things on Trust lands, both natural and built.38

On Sydney Harbour Federation sites, it is an offence to damage, deface, destroy, interfere with or take a variety of natural, cultural and built features.39

9.5 Obstruction

Authorised officers may order the removal of obstructions within the following special areas:

public areas on the Sydney Harbour foreshore 40
Sydney Harbour Federation sites 41
Sydney Olympic Parkland 42
Centennial Park and Moore Park 43

The order may be given to the person who caused, or person using, the obstruction or encroachment.44 Failing to comply with an order is an offence.45 In any event, police or others may remove the obstruction and recover from you any reasonable expenses incurred.46

You must not obstruct someone in the performance of their duties or fail to comply with reasonable directions from authorised officers relating to the good order, management and enjoyment of the following areas:

the Royal Botanical Gardens and Domain 47
Centennial Park and Moore Park 48
Sydney Olympic Park 49

9.6 Offensive Conduct and Other Activities

9.6 Offensive Conduct and Other Activities

Authorised officers have wide powers to regulate activities on Sydney Harbour Federation sites, Centennial Park and Moore Park and Sydney Olympic Park. It is variously an offence to act in a manner that is disorderly, offensive, indecent, disturbing, annoying, or which unduly interferes with the amenity of the land.50 These complement, or operate in the alternative to, "move on" powers in special areas (see 9.1 above).

Camping, erecting banners and climbing trees without consent are, along with failing to comply with safety directions and other activities, variously banned on Sydney Harbour Federation sites, Sydney Olympic Parkland and in Centennial Park and Moore Park. 51

Camping and the erection of structures without consent are banned in the Royal Botanical Gardens and Domain, with authorised officers able to require their removal, or remove them themselves.52

Where two protestors scaled the Sydney Opera House and painted the words "No War" on its side.

See (NSW) Royal Botanical Gardens and Domain Trust Act 1980 and (NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 and the (NSW) Centennial Park and Moore Park Trust Act 1983 and the (NSW) Centennial Park and Moore Park Trust Regulation 2009.
See (NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 Parts 3 and 4.
(NSW) Sydney Olympic Park Authority Act 2001 and the (NSW) Sydney Olympic Park Authority Regulation 2007.
A police officer may give a direction to a person on a road on which a rally event is being conducted, or on public or private land adjacent to, or in the vicinity of, that road, if the police officer believes on reasonable grounds that it is necessary for the safety of that or any other person from the conduct of the rally event. See (NSW) Motor Sports (World Rally Championship) Act 2009 s. 9 (1).
Police, the Authority and rangers possess the power: (NSW) Sydney Harbour Foreshore Regulation 2 006 cl 24(1).
(NSW) Sydney Harbour Foreshore Regulation 2006 cl 23(1).
(NSW) Sydney Harbour Foreshore Regulation 2006 cl 23(1) and (4).
(NSW) Sydney Harbour Foreshore Regulation 2006 cl 23(1).
(NSW) Sydney Harbour Foreshore Regulation 200 6 cl 23(2) and (3).
Variously, Rangers, Directors and police officers are basically given the same powers under the regulations: see, for example, (NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 cll 3, 14(b), 16 and 17 and (NSW) Centennial Park and Moore Park Trust Regulation 2009 cl 27(1).
(NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 cl 16(1); (NSW) Centennial Park and Moore Park Trust Regulation 2009 cl 27(1); (NSW) Sydney Olympic Park Authority Regulation 2007 cl 30(1).
(NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 cl 16(2); (NSW) Centennial Park and Moore Park Trust Regulation 2009 cl 27(4) ; (NSW) Sydney Olympic Park Authority Regulation 2007 cll 30(2) and (3).
For the Royal Botanical Gardens and Domain the fine is $1100 or, if dealt with by way of a penalty notice, $175: (NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 cll 16(1), 23, Schedule 1 and the (NSW) Royal Botanical Gardens and Domain Trust Act 1980 s 22B. For Centennial Park and Moore Park the fine is $1100 or $195 by way of a penalty notice: (NSW) Centennial Park and Moore Park Trust Regulation 2009 cll 27(6), 46 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24. For Sydney Olympic Park, the offence is only made out if a person has been warned; if so, the fine is $2200 or $200 if dealt with as a penalty notice: (NSW) Sydney Olympic Park Authority Regulation 2007 cll 30(1 ), 30(5), 33, Schedule 1 and the (NSW) Sydney Olympic Park Authority Act 2001 s 79.
There are a wide range of people who may exercise these powers including employees of the Trust, police and security officers: see (CTH) Sydney Harbour Federation Trust Regulations 2001 cl 27.
(CTH) Sydney Harbour Federation Trust Regulations 2001 cl 31(1), (5) and (6).
(CTH) Sydney Harbour Federation Trust Regulations 2001 cl 31(3).
(CTH) Sydney Harbour Federation Trust Regulations 2001 cl 31(2).
(NSW) Sydney Harbour Foreshore Regulation 2006 cl 2 2 (1); (NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 cl 17(1); (NSW) Centennial Park and Moore Park Trust Regulation 2009 cl 43(1) ; (NSW) Sydney Olympic Park Authority Regulation 2007 cl 29(1) (where police can also ask for proof of age, where this is relevant).
(NSW) Sydney Harbour Foreshore Regulation 2006 cl 2 2 (2) and (3) ($2200 fine); (NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 cl 17(2), 17(3), 23, Schedule 1 and the (NSW) Royal Botanical Gardens and Domain Trust Act 1980 s 22B ($2200 fine or $110 if dealt with by a penalty notice). There is an additional requirement under the latter for an officer to identify himself or herself, although this will usually be unnecessary: cl 17(3)(a). (NSW) Centennial Park and Moore Park Trust Regulation 2009 cll 43(2), 43(3), 46 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24 (fines of $1100 or $195 by way of penalty notice). For Sydney Olympic Park, the fine is $2200 or $200 if dealt with as a penalty notice: (NSW) Sydney Olympic Park Authority Regulation 2007 cll 29(2), 29(3), 33, Schedule 1 and the (NSW) Sydney Olympic Park Authority Act 2001 s 79.
(CTH) Sydney Harbour Federation Trust Regulations 2001 cl 30(1).
(CTH) Sydney Harbour Federation Trust Regulations 2001 cl 30(2), (3) and (4).
(CTH) Sydney Harbour Federation Trust Regulations 2001 cl 30(2) and (3).
(NSW) Sydney Harbour Foreshore Regulation 2006 cl 5 (2). The maximum penalty for proceeding without a permit is $2200.
(CTH) Sydney Harbour Federation Trust Regulations 2001 cll 11(1) and 25(1). The maximum penalty for proceeding without a permit is $1100: cl 11(1).
(NSW) Centennial Park and Moore Park Trust Regulation 2009 cl 13(1)(f). The maximum penalty for proceeding without a permit is $1100 or $260 by way of a penalty notice: (NSW) Centennial Park and Moore Park Trust Regulation 2009 cll 13(1)(f), 46 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24.
(NSW) Roads Regulation 2008 cl 52(1)(d) (the permit is obtainable from the Roads and Traffic Authority). The maximum penalty for failure to obtain a permit is $550.
(NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 cll 4(d) and 6(1)(a); (NSW) Centennial Park and Moore Park Trust Regulation 2009 cll 8(1), 10(2)(h); (NSW) Sydney Olympic Park Authority Regulation 2007 cl 5(1)(a) and (b).
(NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 cl 20(1)(b). The maximum penalty is $550 or a fixed fine of $82 if dealt with by a penalty notice: see cl 23, Schedule 1 of the (NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 and the (NSW) Royal Botanical Gardens and Domain Trust Act 1980 s 22B.
(NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 cll 19(1)(b), 20(1)(b) and 21. The maximum penalty is $550 or a set fine of $82 if dealt with by a penalty notice: see cl 23, Schedule 1 of the (NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 and the (NSW) Royal Botanical Gardens and Domain Trust Act 1980 s 22B.
See, for example, (NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 cll 10(f) and 21; (NSW) Centennial Park and Moore Park Trust Regulation 2009 cl 27(b).
(NSW) Sydney Opera House Trust Act 1961 s 28A.
(NSW) Sydney Opera House Trust Act 1961 ss 28B and 28D. Offences under 28B and 28D are table 1 offences under section 260(1) of the (NSW) Criminal Procedure Act 1986 - that is, indictable offences that are to be dealt with summarily unless the prosecutor or person charged elects otherwise.
The usual penalty for offensive language is a maximum fine of $660: see (NSW) Summary Offences Act 1988 s 4A.
For the Royal Botanical Gardens, see (NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 cl 18(2) ($1100 fine). There is a fixed fine of $115 if dealt with by a penalty notice: see cl 23, Schedule 1 of the (NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 and the (NSW) Royal Botanical Gardens and Domain Trust Act 1980 s 22B. For Centennial Park and Moore Park, see (NSW) Centennial Park and Moore Park Trust Regulation 2009 cll 11(2), 27(1)(a), 27(6), 46 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24 ($1100 fine or $130 under cl 11 or $1195 under cl 27 by way of a penalty notice). For Sydney Olympic Park, the fine is $2200 or $200 if dealt with as a penalty notice: (NSW) Sydney Olympic Park Authority Regulation 2007 cll 30(1)(c), 33, Schedule 1 and the (NSW) Sydney Olympic Park Authority Act 2001 s 79.
(CTH) Sydney Harbour Federation Trust Regulations 2001 cll 17(1), 19(4), 20(1), 22, 23 and 25. The maximum penalty is either $1100 (regarding vessels) or $550 (entering closed places or swimming).
(NSW) Sydney Opera House Trust Act 1961 ss 28C and 28D. If the damage is less than $5000, the offences are table 2 offences under section 260(2) of the (NSW) Criminal Procedure Act 1986 - that is, indictable offences that are to be dealt with summarily unless the prosecutor elects otherwise. If more than $5000 damage, they are table 1 offences under section 260(1) of the (NSW) Criminal Procedure Act 1986 - that is, indictable offences that are to be dealt with summarily unless the prosecutor or person charged elects otherwise.
For the Royal Botanical Gardens and Domain, the maximum penalty is $1100 or a set fine of $85 to $500 if dealt with by a penalty notice: (NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 cll 10, 23, Schedule 1 and the (NSW) Royal Botanical Gardens and Domain Trust Act 1980 s 22B. For Centennial Park and Moore Park, the maximum penalty is $1100 or various fines of between $95 and $500 if dealt with as penalty notices: (NSW) Centennial Park and Moore Park Trust Regulation 2009 cll 16, 46 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24.
(CTH) Sydney Harbour Federation Trust Regulations 2001 cl 10(1) and (3). The maximum penalty is $1100.
(NSW) Sydney Harbour Foreshore Regulation 2006 cl 2 4 (1) and (6)
(CTH) Sydney Harbour Federation Trust Regulations 2001 cl 33(1). See also cl 34 regarding the power to direct cars to be moved.
(NSW) Sydney Olympic Park Authority Regulation 2007 cl 31(1).
(NSW) Centennial Park and Moore Park Trust Regulation 2009 cl 15(2).
(NSW) Sydney Harbour Foreshore Regulation 2006 cl 2 4 (2); (CTH) Sydney Harbour Federation Trust Regulations 2001 cl 33(2); (NSW) Sydney Olympic Park Authority Regulation 2007 cl 31(2); (NSW) Centennial Park and Moore Park Trust Regulation 2009 cl 15(2).
(NSW) Sydney Harbour Foreshore Regulation 2006 cl 2 4 (3) (the maximum penalty is $2200); (CTH) Sydney Harbour Federation Trust Regulations 2001 cl 33(3) (the maximum penalty is $550); (NSW) Sydney Olympic Park Authority Regulation 2007 cll 31(3), 33, Schedule 1 and the (NSW) Sydney Olympic Park Authority Act 2001 s 79 (a maximum penalty of $2200 or $200 as a penalty notice); (NSW) Centennial Park and Moore Park Trust Regulation 2009 cl 15(2), 46 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24 (a maximum penalty of $1100 or $130 by way of penalty notice).
(NSW) Sydney Harbour Foreshore Regulation 2006 cl 2 4 (4) and (5); (CTH) Sydney Harbour Federation Trust Regulations 2001 cl 33(6) and (7); (NSW) Sydney Olympic Park Authority Regulation 2007 cl 31(4) and (5); (NSW) Centennial Park and Moore Park Trust Regulation 2009 cl 15(3).
(NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 cl 14. The maximum penalty is $1100 or a set fine of $175 if dealt with by way of a penalty notice: see cl 23, Schedule 1 of the (NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 and the (NSW) Royal Botanical Gardens and Domain Trust Act 1980 s 22B.
(NSW) Centennial Park and Moore Park Trust Regulation 2009 cl 26(d) and (e), 46 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24 (a maximum penalty of $1100 or $195 by way of penalty notice).
(NSW) Sydney Olympic Park Authority Regulation 2007 cll 13(1)(d) and (e), 33, Schedule 1 and the (NSW) Sydney Olympic Park Authority Act 2001 s 79 (a maximum penalty of $1100 or $150 as a penalty notice).
(CTH) Sydney Harbour Federation Trust Regulations 2001 cl 19(1) and (2) (a maximum penalty of $550 in all circumstances); (NSW) Sydney Olympic Park Authority Regulation 2007 cll 13(1), 33, Schedule 1 and the (NSW) Sydney Olympic Park Authority Act 2001 s 79 (a maximum penalty of $1100 or $150 as a penalty notice); (NSW) Centennial Park and Moore Park Trust Regulation 2009 cll 26, 46 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24 (a maximum penalty of $1100 or $195 by way of penalty notice).
See (CTH) Sydney Harbour Federation Trust Regulations 2001 cll 19(3), 21, 22, 23 and 25 (the maximum penalty is $550 in all cases); (NSW) Sydney Olympic Park Authority Regulation 2007 cll 4, 33, Schedule 1 and the (NSW) Sydney Olympic Park Authority Act 2001 s 79 (a maximum penalty of $2200 or $200 as a penalty notice); (NSW) Centennial Park and Moore Park Trust Regulation 2009 cll 15, 16, 18, 46 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24 (a maximum penalty of $1100 or between $95 and $500 by way of penalty notice).
(NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 cl 7(1), (2) and (3). The maximum penalty is $1100 or a set fine of $175 if dealt with by way of a penalty notice: see cl 23, Schedule 1 of the (NSW) Royal Botanical Gardens and Domain Trust Regulation 2008 and the (NSW) Royal Botanical Gardens and Domain Trust Act 1980 s 22B.